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Misspelled name on ticket

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poppakeith wrote:
Nobody who drove today can prove they did not speed. How much less guilty are you than the few a cop found it easy to stop and cite? Justice is more than getting off by luck of the draw. This deal is not black or white, according to who gets stopped.
Well said poppakeith!

Each state has the right to enforce its laws. It's our right when cited, guilty or not, to tell our story to the Judge.

KTL
 
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AHA

Senior Member
poppakeith said:
Would be lovely if the due process of law could be reduced to pure fact and math. It can't. That's why a judgement factor pops into these things at each step. Cop makes a judgement, his perception of what is fact. After that, and sometimes as part of his judgement, the intent of traffic laws is weighed against a multitude of other facts and perceptions entering into the particular case at hand. All we are really looking for is seriousness among drivers to control their vehicles in a manner which is not unreasonably risky. Thus, judges have the power (the responsibility) to figure what's gonna achieve that end. Some drivers are particularly resistent to learning, and they need hard lessons. Some are straightened out, reminded of their responsibility, simply by having been pulled over on a lonely road by an armed man, and having to take a day off for court. Very likely there are a billion instances of a driver speeding, every state, any day of the week, and only a minute fraction of 1% of those instances are brought to court.

All this has a place in our contemplations, particularly if we are drivers. Nobody who drove today can prove they did not speed. How much less guilty are you than the few a cop found it easy to stop and cite? Justice is more than getting off by luck of the draw. This deal is not black or white, according to who gets stopped.
Where does OP claim he was falsely accused of speeding? The one thing he DOESN'T deny in his post is the speeding, so the crime was committed. Seems pretty ignorant to me that he shouldn't have to pay the consequences for that.
 

cepe10

Member
AHA said:
Where does OP claim he was falsely accused of speeding? The one thing he DOESN'T deny in his post is the speeding, so the crime was committed. Seems pretty ignorant to me that he shouldn't have to pay the consequences for that.
I would add that the laws are sometimes enforced in an arbitrary and capricious manner - often without regard to the intent... If the intent is safe and efficient travel that is and not a secondary intent such as revenue or showing the public we are doing something

A good example from MD is:
§ 21-804. Minimum speed regulation.
(a) Slow speed impeding traffic prohibited.- Unless reduced speed is necessary for the safe operation of the vehicle or otherwise is in compliance with law, a person may not willfully drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.

To me it looks like the MD state police have decided on there own that this is really not a law they are going to enforce (impeding traffic) while they enforce other laws in an extremely heavy handy manner. Essentially this can make the true intent of the stautes mute unless there is enough public outcry (like in CA) which will effect positive change.
 
AHA said:
Where does OP claim he was falsely accused of speeding? The one thing he DOESN'T deny in his post is the speeding, so the crime was committed. Seems pretty ignorant to me that he shouldn't have to pay the consequences for that.
Your solution is best of all.....everybody who speeds, all 40 to 60million of them (of us), every day, should pay the consequences. That would be closer to justice than what we have. The OP don't deny he was speeding. He ain't trying to get off on the notion he wasn't speeding, but wonders if he can escape consequences because a cop wrote a name down a name wrongly. Most people get off because a cop was looking the other way, or was on the way home, or couldn't turn around in time, or is tired, or is on a different stretch of road. Seems pretty ignorant that those speeders shouldn't have to pay the consequences, eh what.
 
LOL! So, OP... how do you figure you're going to explain how YOU ended up with the ticket and the court date if it wasn't YOU who was speeding?
 

The Occultist

Senior Member
poppakeith said:
Your solution is best of all.....everybody who speeds, all 40 to 60million of them (of us), every day, should pay the consequences. That would be closer to justice than what we have. The OP don't deny he was speeding. He ain't trying to get off on the notion he wasn't speeding, but wonders if he can escape consequences because a cop wrote a name down a name wrongly. Most people get off because a cop was looking the other way, or was on the way home, or couldn't turn around in time, or is tired, or is on a different stretch of road. Seems pretty ignorant that those speeders shouldn't have to pay the consequences, eh what.
That...almost sounds like you're trying to say he should get off because not every speeder gets a ticket.
 

cepe10

Member
VAsinglemom said:
LOL! So, OP... how do you figure you're going to explain how YOU ended up with the ticket and the court date if it wasn't YOU who was speeding?
Conversely, If the LEO can't even copy a single syllable word correctly; how can he be expected operate and calibrate a sophisticated scientific instrument correctly and then be able to correctly attribute measurements to the correct vehicle and transcibe all the numbers correctly all without the background and knowledge base required to do speed studies and such that a licensed proffesional would be required to have...
 

cepe10

Member
The Occultist said:
That...almost sounds like you're trying to say he should get off because not every speeder gets a ticket.
I'd hazard to guess you violate the posted speed limits on a daily basis yourself, so that makes you sound like a hypocrite.

I think the basis of the argument is that many speed limits are set well below the design speed of the street therefore the 85% speed ends up being higher than posted on the street section in question - and by your argument that means everyone (beyond a few senile elders with vision problems) who use the street section should recieve points against their license and get a suspension in short order.

Or is you argument that the arbitrary and capricious enforcement is the intent of the law - so that just the unlucky get a citation according to the whims of chance...
 
The Occultist said:
That...almost sounds like you're trying to say he should get off because not every speeder gets a ticket.
Almost, but not quite. That fact is merely a background consideration. In legal theory, the concept of justice includes an equality of application in enforcement (and in judging). With traffic law enforcement that's pretty much completely out the window. Decisions of the cop, even if they are highly unbalanced, capricious, or downright vindictive, will result in the victim paying up, while the bulk of violators wiz on by (the ones who don't wreck, trying to avoid a cop and victim at roadside). Can't often prove the cop is defective in his application of law, just from what it says on a citation, and "presumed innocent" does not apply to recepients of citations. Only the cop is presumed innocent. Let's be real. Defendant is always presumed to be a low-down violator, present merely to get out of something. That's the case because it is usually true....but not always. There is no big fix for such a horrid situation, but there are small patches, and one of those is to insist the cops are held to high standards of professionalism....including correct spellings. Without that, any bone-head, red-neck with ill-intent who gets in the door can stay in law enforcement and wreck havoc. How much respect for the law will be inspired by guys on the front line, the cops, illustrating how much disrespect for law and exactness they can get away with? Why is it fine to cut slack for small cop mistakes and slap drivers silly for small mistakes? It's not fine. It's merely an inescapable, traditional habit of a hard-pressed system of quasi-justice.
 

AHA

Senior Member
poppakeith said:
Your solution is best of all.....everybody who speeds, all 40 to 60million of them (of us), every day, should pay the consequences. That would be closer to justice than what we have. The OP don't deny he was speeding. He ain't trying to get off on the notion he wasn't speeding, but wonders if he can escape consequences because a cop wrote a name down a name wrongly. Most people get off because a cop was looking the other way, or was on the way home, or couldn't turn around in time, or is tired, or is on a different stretch of road. Seems pretty ignorant that those speeders shouldn't have to pay the consequences, eh what.
Unfortunately we are not talking about the "40 to 60 million speeders" right now, we are talking about OP and his speeding that he is not denying.
 
AHA said:
Unfortunately we are not talking about the "40 to 60 million speeders" right now, we are talking about OP and his speeding that he is not denying.
The speeding issue is part of it, AHA, but technically, if we are to address the OP's questioning, we are talking about a cop's mistake, and trying to assess if maybe the cop was not drunk or on drugs when he snatched OP out of the millions of cars speeding by.
 

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